General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Shipping and Delivery Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Conditions for the Processing of Goods According to Customer Specifications
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Place of Jurisdiction
14. Code of Conduct
15. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of SWEATIQUE, Molkereistraße 41, 26831 Bunde (hereinafter "the Seller") apply to all contracts for the delivery of goods concluded between a consumer or business (hereinafter "the Customer") and the Seller via the Seller’s online shop. Any differing terms and conditions of the Customer are expressly rejected unless otherwise agreed.

1.2 These GTC also apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.

1.3 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

1.4 A business is any natural or legal person or a legal partnership that acts in the exercise of its trade, business or profession when entering into a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller, but are intended to invite the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract regarding the goods in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller via email.

2.3 The Seller may accept the Customer’s offer within five days by:

• sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the confirmation by the Customer is decisive; or
• delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive; or
• requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract shall be concluded at the time when one of the above alternatives occurs first. The time limit for acceptance of the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following the day the offer is sent. If the Seller does not accept the Customer’s offer within that period, it shall be deemed to be rejected, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When choosing a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or — if the Customer does not have a PayPal account — subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. When the Customer selects a payment method offered by PayPal during the ordering process, the Seller declares acceptance of the Customer’s offer at the moment the Customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is saved by the Seller and sent to the Customer after completion of the order in text form (e.g. email, fax, or letter). No further access to the contract text will be provided by the Seller. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account.

2.6 Before the order is submitted bindingly via the Seller’s online order form, the Customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognition of input errors may be the browser’s zoom function, with which the display on the screen can be enlarged. The Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 The contract is available in multiple languages. The specific language selection is shown in the online shop.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of concluding the contract, are not citizens of a member state of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of contract conclusion.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices listed are total prices that include statutory VAT. Any additional shipping and delivery charges will be listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union but the payment is made from a country outside the EU.

4.3 The payment options available to the Customer are communicated in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract unless the parties have agreed on a later due date.

4.5 When choosing a payment method offered via the payment service "Shopify Payments", payment is processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The specific payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use other payment services for processing, for which specific terms may apply. The Customer may be informed separately about such terms. More information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

5) Shipping and Delivery Conditions

5.1 If the Seller offers the shipping of goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stated during the Seller’s order process shall be decisive. If the Customer selects PayPal as the payment method, the delivery address stored with PayPal at the time of payment is decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to shipping costs if the Customer effectively exercises the right of withdrawal. For return shipping costs in case of a valid withdrawal, the regulation specified in the Seller’s cancellation policy applies.

5.3 If the Customer is a business, the risk of accidental loss or deterioration of the goods passes to the Customer once the Seller has handed over the goods to the carrier, freight forwarder, or other person or institution responsible for shipping. If the Customer is a consumer, the risk of accidental loss or deterioration of the goods generally passes only upon delivery to the Customer or an authorized recipient. However, if the Customer commissions the transport company themselves without the Seller having previously named that party, the risk is transferred upon handover to the transport company.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific cover transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In case of unavailability or only partial availability, the Customer will be informed immediately and refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers are provided to the Customer as follows:

• via email

5.7 Personalized products have a delivery time of approximately 6–10 weeks.

6) Retention of Title

If the Seller makes advance deliveries, they retain ownership of the delivered goods until full payment of the purchase price owed has been received.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory liability for defects applies. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer is a business:

• the Seller may choose the type of subsequent performance;
• the limitation period for claims for defects in new goods is one year from delivery of the goods;
• rights and claims due to defects in used goods are excluded;
• the limitation period does not begin anew if a replacement delivery is made as part of the liability for defects.

7.2 The above-mentioned limitations of liability and shortening of limitation periods do not apply:

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• to goods that have been used in accordance with their usual purpose for a building and have caused its defectiveness,
• to any obligation of the Seller to provide updates for digital products in contracts for goods with digital elements.

7.3 For businesses, the statutory limitation periods for any existing statutory rights of recourse remain unaffected.

7.4 If the Customer is a merchant as defined in Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to examine and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations stated therein, the goods shall be deemed approved.

7.5 If the Customer is a consumer, they are requested to report any obvious transport damage to the carrier and inform the Seller accordingly. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses, as follows:

8.1 The Seller is liable without limitation for the following:

• in cases of intent or gross negligence,
• in case of intentional or negligent injury to life, body, or health,
• on the basis of a guarantee promise, unless otherwise regulated,
• on the basis of mandatory liability, such as under the German Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the clause above. Essential contractual obligations are those that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, and whose fulfillment is essential for the proper execution of the contract and on which the Customer regularly relies and may rely.

8.3 In all other respects, liability of the Seller is excluded.

8.4 The above liability provisions also apply to the liability of the Seller's agents and legal representatives.

9) Special Conditions for the Processing of Goods According to Customer Specifications

9.1 If, according to the content of the contract, the Seller is also obliged to process goods according to certain specifications of the Customer, the Customer must provide the Seller with all content required for processing such as texts, images, or graphics in the formats, layout specifications, image and file sizes stipulated by the Seller, and must grant the Seller the rights of use required for this. The Customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility that they have the right to use the content provided to the Seller. In particular, they ensure that no rights of third parties are infringed, especially copyrights, trademark rights, and personal rights.

9.2 The Customer indemnifies the Seller against claims of third parties that they may assert against the Seller in connection with a violation of their rights due to the contractual use of the Customer's content by the Seller. The Customer also assumes the reasonable costs of legal defense, including all court and attorney’s fees at statutory rates. This does not apply if the Customer is not responsible for the infringement. In case of a third-party claim, the Customer is obliged to provide the Seller immediately, truthfully, and completely with all information necessary for the examination of the claims and a defense.

9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer violates legal or official regulations or offends common decency. This particularly applies to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, or glorifies violence.

9.4 The delivery time for personalized products is approximately 6–10 weeks.

10) Redemption of Promotional Vouchers

10.1 Vouchers that are issued by the Seller free of charge as part of promotional campaigns with a defined validity period and that cannot be purchased by the Customer (hereinafter “promotional vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Certain products may be excluded from the voucher campaign if such restriction results from the content of the promotional voucher.

10.4 Promotional vouchers must be redeemed before the order process is completed. They cannot be applied retroactively.

10.5 Only one promotional voucher can be redeemed per order.

10.6 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the Seller.

10.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to settle the difference.

10.8 The balance of a promotional voucher is neither paid out in cash nor does it accrue interest.

10.9 The promotional voucher will not be refunded if the Customer returns goods paid for in whole or in part with a promotional voucher within the scope of their legal right of withdrawal.

10.10 The promotional voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of representation authorization of the respective holder.

11) Redemption of Gift Vouchers

11.1 Gift vouchers that can be purchased through the Seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.

11.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining credit will be credited to the Customer until the expiry date.

11.3 Gift vouchers can only be redeemed before completing the order process. They cannot be applied retroactively.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used to purchase goods and not for purchasing additional gift vouchers.

11.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to settle the difference.

11.7 The balance of a gift voucher is neither paid out in cash nor does it accrue interest.

11.8 The gift voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of representation authorization of the respective holder.

12) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

13) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer is based outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. However, in the above cases, the Seller is also entitled to appeal to the court at the Customer’s place of residence or business.

14) Code of Conduct

The Seller has not submitted to any specific code of conduct.

15) Alternative Dispute Resolution

15.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

15.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.